Proclamation No.1/2016 - State of Emergency Proclamation for the Maintenance of Public Peace and Security

State of emergency Proclamation for the MAINTENANCE OF PUBLIC PEACE AND security

RECOGNISING the constitutional responsibility of the State to maintain the constitutional order, ensure peace and security of the country, protect security of the public and citizens, protect investment and infrastructure from attack;

RECOGNISING that illegal activities committed in some parts of the country even with the support of foreign forces have caused the loss of lives of many people, destruction of institutions and infrastructures, unrest and disorder and endangering the constitutional order, public peace and security specially targeting to weaken investment and development activities and that this situation has reached a level where it cannot be prevented and controlled through the regular law enforcement mechanism;

WHEREAS, it has been proclaimed in the Constitution of the Federal Democratic Republic of Ethiopia that it is necessary to decree a state of emergency proclamation that enables the taking of special measures to control such kind of situation and to protect the constitutional order;

NOW, THEREFORE, in accordance with Article 93(1)(a) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

PART ONE

GENERAL

1. Short Title

This Proclamation may be cited as the “State of Emergency Proclamation for the Maintenance of Public Peace and Security No.1/2016”.

2/ “Inquiry Board” means the State of Emergency Inquiry Board indicated under Article 93(5) of the Constitution;

3/ “State of Emergency Command Post” means state of emergency executing command post established under Article 6 of this Proclamation;

4/ “law” means the Federal Constitution or Regional Constitution, Proclamation, regulation and directive enacted by the respective Federal or Regional state law making body or authorized executive organ;

5/ “person” means any physical or juridical person;

6/ any expression in the masculine gender includes the feminine.

3. Scope of Application

1/ This Proclamation shall be applicable in all parts of the country.

2/ The State of Emergency Command Post shall determine areas within which measure in accordance with this Proclamation shall be taken or withdrawn, and publicise the same to the public.

Part Two

Emergency Measures and Prohibited Actions

4. State of Emergency Measures

When the Emergency Command Post believes that it is necessary for the observance of the constitutional order and for maintenance of peace and security of the public and citizens, it may:

1/ prohibit hidden or public incitement, preparing, producing, publishing or distributing writings or displaying a show, demonstrating through sign or making message public through any medium that causes riot, disturbance and suspicion or grievance among people;

2/ cause the closure or termination of any means of communication;

3/ prohibit assembly, demonstration or moving in a group or associating with the view to maintain peace and security of the people and citizens;

4/ arrest any person without a court warrant upon suspicion that he has taken part in activities that cause disturbance to the peace and security of the people; release through screening or by educating; or detain while this Proclamation is in force or hold the same accountable under the regular law;

5/ search with a view to seize any material used or may be used to perpetrate a crime, any house, place and carrier; stop any person to search and to ascertain his identity; return the objects seized to the person entitled or present to a court as evidence after screening;

6/ determine condition under which curfew may be imposed; give order for the closure of a given street or a service providing institution for limited period of time; or give order for persons to stay in a certain place, ban from entering into or evacuate from a given place;

8/ identify and determine for the purpose of maintaining public and citizen’s peace and security, areas in which mobility with weapon, knife and inflammable materials is prohibited;

9/ reorganize administrative bodies of different hierarchies dismantled due to turbulences in cooperation with the concerned Region and local community;

10/ give order not to close licensed businesses or government organizations that the public utilizes, to provide service or not to halt work;

11/ may use proportional force which it finds necessary for the execution of state of emergency measures provided in this Proclamation;

12/ carry out other necessary activities to discharge its responsibilities.

5. Prohibited Activities

Any law enforcement organ or its officials shall, in the application of this Proclamation, be prohibited to change the name of the government, to commit inhuman and degrading treatment, to perform any activity violating the right to equality and to transgress the right of nation, nationalities and people in contravention to the provisions of Article 1, 18, 25 and 39 (1) and (2) of the Constitution of the Federal Democratic Republic of Ethiopia

Part Three

State of Emergency Command Post and Inquiry Board Establishment and Responsibility

6. State of Emergency Command Post Establishment and Responsibility

1/ A body composed of members from relevant bodies and led by the Prime Minister hereinafter referred to as “State of Emergency Command Post’’ is hereby established that enforces the State of Emergency Proclamation.

2/ The Prime Minister shall select members of the State of Emergency Command Post.

3/ State of Emergency Command Post leads and enforces activities mentioned under Article 4 of this Proclamation.

4/ State of Emergency Command Post leads under one command and orders law enforcement organs.

7. Duties of the State of Emergency Command Post

The State of Emergency Command Post shall notify the Inquiry Board the names of arrested persons and the place where they are detained.

8. State of Emergency Inquiry Board

1/ State of Emergency Inquiry Board is hereby established.

2/ The Inquiry Board shall comprise seven members to be chosen and assigned by the House of Peoples’ Representatives from among its members and from legal experts.

9. Power and Responsibilities of the Inquiry Board

The Inquiry Board shall:

1/ make public within one month the names of all individuals arrested on account of the state of emergency together with the reason for their arrest;

2/ inspect and follow up the measures taken during the state of emergency are by no means inhuman;

3/ recommend to the Prime Minister or to the Council of Ministers to take corrective measures if it finds any case of inhuman treatment during state of emergence measures;

4/ ensure the prosecution of perpetrators for committing inhuman act during the state of emergency measures;

5/ submit its views to the House of Peoples’ Representatives on a request to extend the duration of the state of emergency.

Part Four

Miscellaneous Provisions

10. Suspended Laws

Without prejudice to diplomatic immunities provided for under the Vienna Convention, substantive and procedural laws inconsistent with this Proclamation shall remain suspended during the implementation of this Proclamation.

11. Duty to Cooperate

Any person has the duty to respect the implementation of this Proclamation and state of emergency measures taken by the emergency command post and law enforcement organ or its officials and cooperate there with.

12. Criminal Liability

1/ Whosoever violates obligations related with the state of emergency measures shall be punishable with rigorous imprisonment of up to five years.

2/ Whosoever violates the duty to cooperate as provided under Article 11 of this Proclamation shall be punishable with simple imprisonment up to three years.

13. Power to Issue Regulations and Directives

1/ The Council of Ministers shall issue regulation for the proper implementation of this Proclamation.

2/ The State of Emergency Command Post shall issue directive for the implementation of this Proclamation and regulation issued pursuant to this Proclamation.

14. Effective Date

1/ This State of Emergency Proclamation shall remain in effect for six months starting from its promulgation by the Council of Ministers.

2/ The State of Emergency Command Post may determine the cessation time of this Proclamation before the end of the six months period.

3/ This Proclamation shall be presented to the House of Peoples Representatives within fifteen days for its approval in accordance with Article 93(2)(b) of the Constitution.

4/ The House of Peoples Representatives may renew the time limit every four months when the time limit ends and when it finds it necessary.

5/ The Prime Minister shall declare the promulgation of this State of Emergency Proclamation through the mass media.

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